Note: This section summarizes the permanent changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. Retailers, including package stores, restaurants, bars, clubs, grocery stores, and convenience stores, may sell curbside and deliver the alcoholic beverages they are allowed to sell by their respective licenses in original containers to consumers aged twenty-one (21) years and older. Only employees of the retailer may make alcoholic beverage deliveries to consumers. Payment for the alcoholic beverages to be delivered may be made by cash, check, transportable credit/debit card processors, or advance online payment methods. [OK Law, Title 37A, Chapter 2, Section 2-161.]

14.1 Direct Sales and Shipments to Consumers 14.1.1 Shipments to consumers in Oklahoma Effective October 1, 2018, a Direct Wine Shipper’s Permit may be issued by the Oklahoma ABLE Commission to a winery licensed in any state within the United States as a wine producer. The original fee for a Direct Wine Shipper’s permit is $300.00, and the renewal fee is $150.00 annually. Direct sales may be made under the following conditions: A Direct Wine Shipper’s Permit allows a winery to ship up to six (6) nine-liter (9 L.) cases of wine annually directly to an Oklahoma resident who is twenty-one (21) years of age or older for such resident’s personal use and not for resale. No resident shall be[…]

Prohibited. However, brewers, beer distributors, small brewer self-distributors and brewpub self-distributors are granted specific privileges in Subsections E and F of Section 3-12, including furnishing or give newspaper cuts, mats or engraved blocks for use in retailers’ advertisements. [OK Law, Title 37A, Chapter 3, Section 3-123(E)(23).] Note: No mention may be made of any retail licensee, regardless of how inconspicuous such reference may be. [Written advice from the Oklahoma Alcoholic Beverage Law Enforcement Commission, dated April 25, 2002.]

Permitted under federal guidelines. Refer to Title 27 CFR Part 6.98 of the federal regulations for specific details. [OK Regulations, Title 45, Chapter 10, Subchapter 3, Section 45:10-3-24.] In addition, brewers, beer distributors, small brewer self-distributors and brewpub self-distributors are granted specific privileges in Subsections E and F of Section 3-123, including listing the names and addresses of two or more unaffiliated retailers selling the products of a brewer, beer distributor, small brewer self-distributor or brewpub self-distributor in an advertisement of such brewer, beer distributor, small brewer self-distributor or brewpub self-distributor so long as the requirements of 27 C.F.R., Section 6.98 are satisfied. [OK Law, Title 37A, Chapter 3, Section 3-123(E)(18).]

Permitted, in accordance with 27 CFR Section 6.102. [OK Regulations, Title 45, Chapter 10, Subchapter 3, Sections 45:10-3-24 and 45:10-3-25.]. Brewers, beer distributors, small brewer self-distributors and brewpub self-distributors are granted specific privileges in Subsections E and F of Section 3-123, including giving or selling outdoor signs to a retailer under the following conditions: The sign bears conspicuous and substantial advertising matter about the product or the brewer, beer distributor, small brewer self-distributor or brewpub self-distributor which is permanently inscribed or securely affixed; The retailer is not compensated, directly or indirectly, such as through a sign company, for displaying the signs; and A permanent outdoor sign does not contain the retailer’s name. [OK Law, Title 37A, Chapter 3, Section 3-123(F)(4).]

Permitted, if the packaging and all nonalcoholic promotional items are provided at no expense to the retailer, regardless of where the combination packages are assembled. Access to promotional packaging must be equally available to all Oklahoma retailers, subject to the reasonable supplies of such packaging and the terms of the promotion. Access by the retailers shall be commensurate to the needs of the retailers based on the stock of the supplier’s product carried by the retailer. Suppliers shall only be required to carry reasonable supplies of the promotional packaging or items and must make a good faith effort to ratably distribute such them to those retailers who desire them. [OK Law, Title 37A, Chapter 3, Sections 3-117 and 3-123(E)(14).]

15.16.1 Entertainment of Retailers The furnishing of meals has been considered to be a violation of Title 37A, Chapter 3, Section 3-119 of Oklahoma law, which prohibits industry members from giving a retail licensee any discount, rebate, and free goods, allowance or any other inducement. [Alcoholic Beverage Control Board v. Naifeh d/b/a Western Distributing Co. {Okla. S. Ct. 1964} 388 P.2d 855.] However, brewers, beer distributors, small brewer self-distributors and brewpub self-distributors are granted the following specific privileges in Subsections E and F of Section 3-123: Provide tickets to a retailer for a sporting or entertainment event so long as a representative of the brewer, beer distributor, small brewer self-distributor or brewpub self-distributor attends the event with the retailer; Provide[…]

Returns are allowed by all wholesalers under the following conditions: When product that was not ordered by the retailer is delivered in good faith through mistake, inadvertence, or oversight. Replacement of product breakage that occurred while the alcoholic beverage was in transit from the wholesaler to the licensee. Replacement of cork-tainted wine that makes the product unsalable as long as the licensee notifies the wholesaler of the defect in writing within ninety (90) days after delivery. A beer distributor or a holder of a small brewer self-distribution license or brewpub self-distribution license may withdraw, with the permission of the retailer, a quantity of beer or cider in undamaged original packaging from the retailer’s stock if: The beer distributor or holder[…]

Permitted under federal guidelines. Refer to Title 27 CFR Part 6.88 of the federal regulations for specific details. [OK Regulations, Title 45, Chapter 10, Subchapter 3, Section 45:10-3-24.] In addition, brewers, beer distributors, small brewer self-distributors and brewpub self-distributors are granted specific privileges in Subsections E and F of Section 3-123, including: Sell equipment or supplies to a retail licensee, provided the equipment or supplies are sold at a price not less than the cost to the industry member and payment is collected within thirty (30) days of the sale; Install dispensing accessories at the retail location, as long as the retailer bears the cost of installation including equipment. [OK Law, Title 37A, Chapter 3, Section 3-123 E(7) and (8).]

Permitted under federal guidelines. Refer to Title 27 CFR Part 6.99 of the federal regulations for specific details. [OK Regulations, Title 45, Chapter 10, Subchapter 3, Section 45:10-3-24.] In addition, brewers, beer distributors, small brewer self-distributors and brewpub self-distributors are granted the following specific privileges in Subsections E and F of Section 3-123: Affix pricing to the shelf strip or product display for the product being delivered by the beer distributor, small brewer self-distributor or brewpub self-distributor, or brewed by the brewer; Routinely stock and restock shelves and cold boxes and rotate product that has been sold to the retail licensee by the beer distributor, small brewer self-distributor or brewpub self-distributor, or brewed by the brewer; Give or sell coil[…]